| With the continuous expansion of online game user groups,online game disputes also show a trend of enlargement and complication.On the one hand,the Civil Code includes virtual property into the scope of legal protection,which provides a legal basis for resolving disputes over virtual property of online game users.On the other hand,the contractual legal relationship also effectively protects the rights and interests of online game users by regulating the standard terms,stipulating the obligation of security guarantee of the performing party and the obligation of prompt explanation.However,the civil law is insufficient in protecting the rights and interests of online game users,which is not the inadequacy of the individual provisions of the civil law,but the inevitable result of the nature of civil law and private law.The traditional contract theory emphasizes the equality of both parties,but there is substantial inequality between online game users and online game companies,so it is difficult to conduct transactions under the background of equal subjects.At the same time,the private law standard also leads to the inability of civil law to effectively regulate group disputes and macro-control market order.Therefore,under the background of the continuous expansion of the domestic online game market,it is not enough to simply apply the civil law to protect online game users.Compared with civil law protection,it is more appropriate to apply the consumption law to the protection of online game users’ rights and interests.First of all,there is more of a relationship between online game companies and online game users.The reasons are as follows: from the main point of view,online game users consume online games to meet their daily entertainment needs,which is in line with the nature of consumers;Online game companies provide online game services for users for the purpose of making profits,which is in line with the nature of operators;There is a huge gap between online game users and online game companies in terms of information ability,economic strength and compensation ability,and the status of both sides is unequal.Secondly,the protection of the consumer protection law is more advantageous than the protection of the civil law.On the one hand,the consumer protection law can face up to the status inequality between the two sides and provide the tendency protection for the online game users.On the other hand,it has the property of social law,which can provide protection for online game users from a macro perspective.Therefore,it is very necessary to increase the protection of consumer law on the existing protection of civil law.Although the current judicial practice has recognized the status of online game users as consumers,but the practice is still lack of the specific system of the protection of online game users’ rights and interests in the application.Therefore,the protection of online game users’ rights and interests can be started from the perspective of system application.On this issue,the cooling-off period system and the right of association system have strong applicability.By setting up the refund channel and clarifying the information disclosure obligation of online game operators,the cooling-off period system can effectively solve the problem that online game users are misled consumption due to information asymmetry.The right of association system can also play an important role in the protection of the rights and interests of online game users through the network community,a new mode of association. |
